*FEDERAL AGRICULTURAL MARKETING AUTHORITY ACT 1965

any agricultural or horticultural produce, whether processed or otherwise;

(aa) the animals as specified in the Third Schedule, and the carcasses and produce of such animals; and

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such other produce as may be prescribed by the Minister, but shall not include pineapple, rubber, oil palm, padi, rice and tobacco;

“authorized officer” means an officer authorized under section 17;

“Chairman” means the Chairman of the Authority;

“Director General” means the Director General of the Authority appointed under subsection 2(3);

“export” means to take or cause to be taken out of Malaysia by land, water or air any agricultural produce for purposes of trade;

“Fund” means the fund established by section 9;

“import” means to bring or cause to be brought into Malaysia from any place outside Malaysia by land, water or air any agricultural produce for purposes of trade;

“marketing” includes sale, purchase, assembling, storage, transport, processing, grading, packaging, labelling, preserving, exporting, importing and advertising; and the promotion of these activities;

“Minister” means the Minister charged with the responsibility for agriculture.

The First Schedule shall have effect with respect to the

Authority.

The Authority shall consist of the following members appointed by the Minister:

(Deleted by Act A1235).

*NOTE—Previously known as “Ministry of Agriculture and Food Industries”–see P.U. (A) 383/2021

and P.U. (A) 27/2023.

**NOTE—Previously known as “Ministry of Plantation Industries and Commodities”–see

P.U. (A) 383/2021 and P.U. (A) 27/2023.

10

During the temporary incapacity from illness or during the temporary absence from Malaysia of the Chairman, Director General or member of the Authority, the Minister may appoint another person to be a temporary Chairman, Director General or other member of the

Authority, as the case may be.

A member of the Authority shall unless he sooner resigns or his appointment is revoked or he otherwise vacates his office hold office for such term as may be specified in his instrument of appointment, and shall be eligible for reappointment.

No member of the Authority shall incur personal liability for any loss or damage caused by any act undertaken by him in administering the affairs of the Authority, unless the loss or damage is occasioned by an intentionally wrongful act on his part.

Functions of the Authority

to co-ordinate the activities in respect of the marketing of agricultural produce, of the various persons or bodies of persons (whether incorporate or unincorporate and whether in the public services or otherwise) which are or might be concerned with any aspect of the marketing of agricultural produce;

to consider, and to promote where necessary and desirable, ways and means by which existing markets and methods of marketing of agricultural produce might be improved, and to seek and promote new markets and outlets for agricultural produce;

to collaborate with persons or bodies of persons (whether incorporate or unincorporate and whether in the public services or otherwise) to promote efficient and effective marketing of agricultural produce;

Federal Agricultural Marketing Authority 11

to promote and develop efficient and effective management of agricultural enterprises dealing in or processing agricultural produce;

to provide and supervise credit facilities for agricultural marketing and to ensure that these facilities are put to maximum use;

to engage in agricultural enterprises dealing in or processing agricultural produce; and

to deal with any other matter relating to the marketing of agricultural produce.

The Authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing it shall have power to—

Notwithstanding paragraph (2)(a), the licence for importers and exporters of agricultural produce shall be issued by the Director

General of Quarantine and Inspection and in accordance with the

Malaysian Quarantine and Inspection Services Act 2011 [Act 728].

Notwithstanding paragraph (2)(c), the issuance of certificates for the purpose of importation shall be issued by the Director General of Quarantine and Inspection and in accordance with the Malaysian

Quarantine and Inspection Services Act 2011.

The Authority may, with the approval of the Minister and the concurrence of the Minister of Finance, from time to time—

In addition to and not in derogation of its powers under subsection (3) the Authority may, with the approval of the Minister and the concurrence of the Minister of Finance, apply to register

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017 –see subsection 620(1) of Act 777.

14

as a company under the *Companies Act 1965 a corporation which has been established under subparagraph (3)(a) and where the

Authority so does—

The Minister may give to the Authority directions of a general nature, not inconsistent with this Act, as to the exercise of the functions of the Authority.

Appeal from the decision of the Authority

The Director General shall be responsible for the day to day administration and management of the affairs of the Authority and

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017 –see subsection 620(1) of Act 777.

Federal Agricultural Marketing Authority 15

shall perform such duties and exercise such powers as may be entrusted or delegated by the Authority or the Chairman.

Without prejudice to the generality of subsection (2), the

Director General shall be responsible for the preparation of programmes, schemes or projects for the consideration of the

Authority, the issue of policy guidance or elucidation of the decisions of the Authority and the supervision and control of the implementation of such decisions.

Appointment of officers and servants of the Authority

All members, officers or servants of the Authority, while discharging their duties as such members, officers or servants, shall be deemed to be public servants within the meaning of the Penal Code

[Act 574].

into which shall be paid—

such sums as may be provided from time to time by

Parliament;

all other sums or property which may in any manner become payable or vested in the Authority in respect of any matter incidental to its powers and duties;

out of which shall be defrayed—

all expenditure (including capital expenditure)

incurred by the Authority in carrying out its functions;

The provisions of subparagraph (1)(a)(v) shall not apply where any corporation which has been established under paragraph 3(3)(a) is registered as a company pursuant to subsection 3(3A).

Before the beginning of June of each year the Authority shall submit to the Minister an estimate of the expenses (including those for development projects) for the following year in such form and with such particulars as the Minister may require; and the Minister shall before the beginning of November notify the Authority of the amount authorized for expenses generally or of the amounts authorized for each description of expenditure for the following year.

The Authority may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

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Accounts and audit

The accounts of the Authority shall be audited annually by the

Auditor General or other auditor appointed by the Authority with the approval of the Minister.

After the end of each financial year, and as soon as the accounts of the Authority have been audited, the Authority shall cause a copy of the statement of accounts in such manner as the Minister may require to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the

Authority.

The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament.

Annual report

The Minister shall cause a copy of every such report to be laid on the table of each House of Parliament.

the determination of salary scales and terms and conditions of employment of the officers and servants of the Authority, including the provision of loans to such officers and servants;

the establishment and management of a contributory provident fund for the officers and servants of the Authority or for payment of pensions, allowances or gratuities to the said officers and servants on retirement or otherwise ceasing to hold office;

(ba) prescribe the offences under this Act and the regulations made thereunder which may be compounded; and

any other matter required by this Act to be prescribed and for the better carrying out of this Act.

an enterprise in which the Authority has entered or proposes to enter into equity participation pursuant to paragraph 3(2)(l);

a corporation or company established, incorporated, promoted, expanded or registered pursuant to subsections 3(3)

and 3(3A); or

a company or an undertaking with which the Authority or an enterprise, a corporation or company mentioned in paragraph (a) or (b) proposes to make a contract or has made a subsisting contract.

Notwithstanding subsection (1) and subject to subsection (3), such person may be appointed as a member of the Authority under paragraph 2(3)(i) but in so appointing him the Minister may impose any conditions or restrictions that the Minister may deem fit.

Prior to his being appointed as a member or being employed as an officer or a servant of the Authority, every person shall disclose fully—

Subject to subsection 15(1), a member who is appointed or an officer or a servant who is employed contrary to subsection (1), or who on being appointed or employed further acquires any such interest, shall have his appointment revoked forthwith by the Minister or his employment terminated by the Authority without notice, as the case may be.

Any person, member, officer or servant who contravenes this section, section 15 or a condition or restriction imposed under this section or section 15 commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand ringgit or to both.

For the purposes of this section and section 15, the having or acquiring of any such interest as is mentioned in subsection (1) by his spouse or any of his children shall be deemed to give the person, member, officer or servant concerned an indirect interest.

Disclosure of existing interest

a member subject to any conditions or restrictions the

Minister may impose; or

an officer or a servant subject to any conditions or restrictions the Authority may impose.

Where the member having such interest is the Chairman, he shall vacate the chair and another member shall be elected to preside

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during the proceedings relating to the undertaking, enterprise, company, corporation or contract in which he has the interest.

Any member, officer or servant who contravenes this section commits an offence and shall be liable on conviction to the punishment provided in subsection 14(5).

Power to compound offences

An offer to compound under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

Where the amount specified in the offer to compound is not paid within the time specified in that offer, or within such extended time as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer to compound was made.

Where an offence has been compounded under subsection (1), no prosecution shall, within the time specified in subsection (3), be instituted in respect of the offence against the person to whom the offer to compound was made.

The Director General may in writing delegate his functions and duties under this section to any officer of the Authority subject to such terms and conditions as he thinks fit, but a delegation under this subsection shall not preclude the Director General from performing or exercising at any time the functions and duties that have been delegated.

Federal Agricultural Marketing Authority 23

Any such officer shall be deemed to be a public servant within the meaning of the Penal Code.

In exercising any of the powers under this Part an officer shall on demand produce to the person against whom he is acting under this

Act the authority issued to him by the Minister.

The Director General shall have all the powers of an authorized officer.

Enforcement at entry points, quarantine stations and quarantine premises

For the purposes of subsection (1), “entry point”, “quarantine station” and “quarantine premises” have the same meanings as assigned to these expressions in the Malaysian Quarantine and

Inspection Services Act 2011.

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Powers of arrest

Any authorized officer or police officer making an arrest without warrant shall, subject to subsection (3), without unnecessary delay, bring the person arrested to the nearest police station.

No person who has been arrested by an authorized person or police officer shall be released except on his own bond or on bail or on the special order in writing of a Magistrate.

Search with warrant

search for, inspect, collect samples of, or seize any agricultural produce as to which such offence is suspected to have been committed;

search for and seize any book, record, account, computerized data or other documents which are reasonably believed to

Federal Agricultural Marketing Authority 25

contain information in respect of such offence suspected to have been committed;

inspect, make copies of, or take extracts from any book, record, account, computerized data or other documents so seized; or

search for, inspect or seize any machinery, contrivance, or other equipment or article.

Any such officer may if it is necessary so to do—

A list of all things seized in the course of a search made under this section and of the places in which they are respectively found shall be prepared by the authorized officer or police officer conducting the search and signed by him.

The occupant of the premises entered under subsection (1), or some person on his behalf, shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under subsection (3) shall immediately be delivered to such occupant or person.

Search without warrant

The person in control or in charge of any conveyance examined under this section shall on request by the authorized officer or police officer open all parts of the conveyance for examination by the officer and take all measures necessary to enable such examination as the officer considers necessary to be made.

Power to take possession

Where under this section possession has been taken of any agricultural produce, then the Director General—

Where under this section possession has been taken of any conveyance, machinery, contrivance, or other equipment or article, then the Director General—

An authorized officer or police officer may, for the purpose of investigating an offence under this Act or any regulations made thereunder—

Every person required by an authorized officer or police officer to give information or produce any book, record, account, computerized data or other document relating to the commission of such offence which it is in the person’s power to give shall be legally bound to give the information or to produce the book, record, account, computerized data or other document.

Where a person charged with an offence under this Act or any regulations made thereunder is a body corporate—

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Any person who would have been liable under this Act or any regulations made thereunder to any penalty for anything done or omitted if the thing had been done or omitted by him personally, shall be liable to the same penalty if the thing had been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of the thing.

Burden of proof

In any prosecution in respect of an offence under this Act or any regulations made thereunder, the production by the person conducting the prosecution of an original invoice or a duplicate invoice proved to have been found in the possession of the seller, shall, where the person

Federal Agricultural Marketing Authority 31

conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of all the facts stated in the original invoice or duplicate invoice and notwithstanding any law to the contrary, the burden of proving that the sale did not take place or that any fact stated in the original invoice or duplicate invoice is not what it is stated to be, shall lie upon the accused.

Power of court to confiscate

in whole or in part of the proceeds of sale of any agricultural produce sold under section 21A, in respect of which the offence has been committed and which has been seized by, or has otherwise come into the possession of, the Director

General or any authorized officer or police officer; and

of any conveyance, machinery, contrivance or other equipment or article the property of the accused by means of which the offence has been committed or which was intended to be used for the commission of an offence under this Act or any regulations made thereunder.

Jurisdiction

There shall be paid to members of the Authority, or to such of those members as the Minister may determine, such salaries, remuneration or allowances as he may determine.

Any minutes made of any meeting of the Authority shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every such meeting shall be deemed to have been duly convened and held and all members present at such meeting shall be deemed to have been duly qualified to act.

If on any question to be determined by the Authority there is an equality of votes, the Chairman or other member acting as Chairman shall have a casting vote.

Subject to subparagraphs (1) and (2), the Authority shall determine its own procedure.

Any committee appointed under subparagraph (1) may appoint one or more sub-committees; any sub-committee so appointed shall include not less than one member of the committee appointing it, and there may be appointed to such sub-committee such other persons as the committee appointing it may think fit.

Any committee or sub-committee so appointed shall conform to any instructions from time to time given to it by the Authority, and the Authority may at any time discontinue or alter the constitution of any committee or sub-committee so appointed.

Federal Agricultural Marketing Authority 33

There may be paid to members of any committee or sub-committee such remuneration or allowances as the Authority may from time to time determine with the approval of the Minister.

The Authority, a committee or a sub-committee may, respectively, invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the Authority, committee or sub-committee and the person so invited shall not be entitled to vote at any such meeting.

Any minutes of any meeting of any committee or sub-committee shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every such meeting shall be deemed to have been duly convened and held and all members of the committee or sub-committee present at such meeting shall be deemed to have been duly qualified to act.

The common seal shall be authenticated by either the Chairman or such other person as may be authorized by the Authority or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may, in like manner, be executed by the Authority and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specially authorized by the Authority in that behalf.

SECOND SCHEDULE

[Subsection 3(3)]

the purposes and objects for which the corporation is established;

the rights, powers, duties and functions of the corporation;

the system of management of the corporation and of any fund established for the purpose of the corporation; and

34

the relations between the corporation and the Authority and its rights of control over the corporation.

In so applying to register a corporation as a company, the Authority shall comply with the provisions of the *Companies Act 1965, and the provisions of this

Act shall not be construed to derogate from the powers of the Registrar of Companies under that Act.

Upon its registration as a company under the *Companies Act 1965, the corporation shall be deemed to be dissolved, and—

If any difficulty or anomaly arises in connection with the transitional provisions contained in this paragraph the Minister may, after consultation with the

Minister charged with responsibility for companies, by order make such modifications as appear to him to be necessary for removing, resolving or preventing such difficulty or anomaly but he shall not exercise the powers conferred by this subparagraph after the expiration of two years of a corporation being registered as a company pursuant to subsection 3(3A).

Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation encircling the letters “FAMA” may be used as a common seal.

The common seal, or the stamp referred to in subparagraph (2) shall be in the custody of such persons as the corporation shall direct and shall be authenticated by those persons; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

The seal of every corporation shall be officially and judicially noticed.

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THIRD SCHEDULE

[Section 1A]